What is the test for determining whether a statement is fact or opinion?

California, United States of America


The following excerpt is from Homes v. McEntyre, E069194 (Cal. App. 2019):

The critical question is not whether a statement is fact or opinion, but " 'whether a reasonable fact finder could conclude the published statement declares or implies a provably false assertion of fact.' " (Wong v. Jing (2010) 189 Cal.App.4th 1354, 1370.)

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